Posts by Ubuntu Resource Management

An employer’s obligation to provide a safe and healthy working environment for its employees, especially during violence emanating from inter-union rivalry, recently came under the microscope before the Labour Appeal Court (LAC).  The court acknowledged that the Mine Health and Safety Act 29 of 1996 MHSA) is not confined to threats or safety hazards arising at the…

The arbitration award by the CCMA, which found the incapacity dismissal of a particular employee, due to her refusal to comply with the employer’s mandatory ‘vaccination’ policy, as fair, has been receiving a huge amount of attention and has been well publicised in the media. Whilst the constitutionality of mandatory vaccinations has yet to be…

On 21 January 2022, the CCMA published its award in the matter of TM v Goldrush Group (GAJB 24054-21) where it held that the dismissal of an employee who refused to be vaccinated was fair. The Commissioner was tasked with determining whether the employee’s dismissal was substantively fair based on incapacity for her refusal to be vaccinated.. Following…

When seeking to reach an agreement with an employee on the terms of a mutual separation agreement (“MSA”) or in an effort to come to the aid of an employee who faces unemployment after termination, employers might be tempted to misrepresent to the Unemployment Insurance Fund (“UIF”) that an employee was retrenched when in fact…

Section 60(2) of the Employment Equity Act 55, 1998 (“the EEA”) requires that if a sexual harassment incident is alleged at work, the employer must consult all relevant parties and must take the necessary steps to eliminate the alleged conduct. In Shoprite Checkers (Pty) Ltd v JL and others “JL Case”, the Labour Court provided practical insights…

It is trite that the principle that the costs follow the suit does not apply in labour litigation, save for exceptional circumstances. This was emphasised by the Constitutional Court (“CC”) in two recent decisions. In National Union of Mineworkers and others v Samancor Limited (Eastern Chrome Mines) and others, the CC held that it is…

While employers in South Africa are entitled to implement a mandatory vaccination policy for certain categories of employees, they will need to tread carefully when implementing these rules. This includes shouldering the responsibility of maintaining a safe and healthy working environment while still ensuring that they respect the rights of employees who raise concerns around being…

Employees have a duty to comply with the lawful and reasonable instructions of their employer.  But would the failure to comply with an instruction to testify in an arbitration before the Commission for Conciliation, Mediation and Arbitration (CCMA) amount to insubordination and warrant dismissal?  This is the question which the Labour Appeal Court (LAC) was…

Is a court or arbitrator entitled or obliged, in terms of section 193(2)(b) of the Labour Relations Act 66 of 1995, as amended (LRA), to consider whether a continued employment relationship would be intolerable when considering the remedy of reinstatement in respect of an unfair dismissal? This is the issue that the Constitutional Court (CC)…

Employers who wish to implement a mandatory vaccination policy must allow for employees to raise objections or apply for exemption from the policy on the basis of, amongst others, religious grounds. Religious beliefs and opinions are categorised as special personal information and the requirements in relation to the processing of this information must be adhered…